DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Health Services Pty Ltd T/A Back In Motion Health Group Montmorency
(AG2016/4771)

BACK IN MOTION HEALTH GROUP MONTMORENCY ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 16 SEPTEMBER 2016

Application for approval of the Back in Motion Health Group Montmorency Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Back in Motion Health Group Montmorency Enterprise Agreement 2016. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integrated Health Services Pty Ltd T/A Back In Motion Health Group Montmorency. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2016. The nominal expiry date of the Agreement is 16 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE421180 PR585528>
Annexure A

CaseChat Overview and Summary

In the case of Integrated Health Services Pty Ltd trading as Back In Motion Health Group Montmorency, the primary concern was the approval of the Back in Motion Health Group Montmorency Enterprise Agreement 2016. The Fair Work Commission was tasked with reviewing and determining whether the proposed enterprise agreement should be certified as meeting the statutory requirements under the Fair Work Act 2009. This process was initiated by the applicant, who sought certification to ensure the agreement's enforceability and compliance with the legislative framework governing enterprise bargaining in Australia.

The court was required to address several critical legal issues. Firstly, it had to ascertain whether the agreement contained all the mandatory provisions prescribed by the Fair Work Act. These provisions are essential to protect the rights of employees and ensure fair and equitable terms of employment. Secondly, the court had to evaluate whether the agreement had been made genuinely freely and voluntarily without any form of coercion or undue influence. This is a fundamental requirement for the validity of an enterprise agreement. Additionally, the court examined whether the agreement adequately represented the interests of the employees and complied with the disclosure and notification obligations under the Act.

In its reasoning, the Commission found that the agreement did indeed include all the necessary mandatory provisions as stipulated by the Fair Work Act. Furthermore, the Commission was satisfied that the agreement had been made genuinely freely and voluntarily, with no evidence of coercion or undue influence. The court also determined that the agreement adequately represented the employees' interests and that all disclosure and notification obligations had been met. Consequently, the Commission approved the agreement and certified it as meeting all the statutory requirements for enforceability.

As a result of the court's decision, the Back in Motion Health Group Montmorency Enterprise Agreement 2016 was approved and certified under the Fair Work Act. This certification enables the agreement to be binding on all parties involved and enforceable in the relevant industrial relations tribunals. The final orders reflect the Commission's approval and certification of the agreement, ensuring that it can be implemented and enforced as a valid enterprise agreement.

Integrated Health Services Pty Ltd T/A Back In Motion Health Group Montmorency

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established